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COM. OF VIR. DEPT. OF EDUC. v. RILEY

No. 95-2627.

106 F.3d 559 (1997)

COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION, Petitioner, v. Richard W. RILEY, United States Secretary of Education; United States Department of Education, Respondents. Virginia School Boards Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1997.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Deputy Attorney General, Office of the Attorney General, Richmond, VA, for Petitioner. Leslie A. Simon, United States Department of Justice, Washington, D.C., for Respondents. ON BRIEF: James S. Gilmore, III, Attorney General, Paul J. Forch, Senior Assistant Attorney General, Joan W. Murphy, Assistant Attorney General, C. Tabor Cronk, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Petitioner. Deval L. Patrick, Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C., for Respondents. D. Patrick Lacy, Jr., Kathleen S. Mehfoud, Hazel & Thomas, P.C., Richmond, VA, for Amicus Curiae.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, K.K. HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.

Chief Judge WILKINSON and Judges RUSSELL, WIDENER, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ voted to reverse. Judges MURNAGHAN and K.K. HALL voted to affirm.

OPINION

PER CURIAM:

Part B of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1411-20 (Supp.1996), affords federal financial assistance to state and local education agencies for the education of disabled students. In order to qualify...

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